In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-0136V 

Filed: July 9, 2018 

UNPUBLISHED 

LOIS OLIVER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); Joint 

Stipulation on Damages; 

Pneumococcal Conjugate Vaccine

(Prevnar 13); Influenza (Flu) 

Vaccine; Shoulder Injury Related to 

Vaccine Administration (SIRVA)

Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner. 

Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master: 

 On January 30, 2017, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

 (the 

“Vaccine Act”). Petitioner alleges that she suffered chronic severe right shoulder pain 

caused in fact by the influenza and pneumococcal conjugate (Prevnar 13) vaccines she 

received on October 1, 2015. Petition at 1, ¶¶ 3, 15; Stipulation, filed July 9, 2018, at ¶¶ 

1-2, 4. Petitioner further alleges that she received the vaccination in the United States, 

suffered the residual effects of her injury for more than six months, and that she has not 

received compensation or filed a civil action for her injury alleged as vaccine caused. 

Petition at ¶¶ 3, 15-16; Stipulation at ¶¶ 3-5. “Respondent denies that the flu and 

Prevnar-13 vaccines caused petitioner’s alleged SIRVA or any other injury and further 

denies that her alleged current disabilities are a sequela of a vaccine-related injury.”

Stipulation at ¶ 6. 

 

1

 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access. 

2

 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

Nevertheless, on July 9, 2018, the parties filed the attached joint stipulation, 

stating that a decision should be entered awarding compensation. The undersigned 

finds the stipulation reasonable and adopts it as the decision of the Court in awarding 

damages, on the terms set forth therein. 

Pursuant to the terms stated in the attached Stipulation, the undersigned 

awards the following compensation: 

A lump sum of $32,500.00 in the form of a check payable to petitioner. 

Stipulation at ¶ 8. This amount represents compensation for all items of 

damages that would be available under § 15(a). Id. 

The undersigned approves the requested amount for petitioner’s compensation. 

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

3

 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.